Is it useful to add a name to the real estate license? It is useful to add husband and wife's names to the real estate license. According to the law, the ownership of any property can be enjoyed by more than one person. Is it useful to add a name to the real estate license when the commercial housing sales contract is filed and the bank mortgage is made?

Is it useful to add a name to the real estate license? 1 It is useful to add the couple's name to the real estate license. According to the law, the ownership of any property can be enjoyed by more than one person. If you want to add or delete your name in the commercial housing sales contract and bank mortgage filing,

In fact, it is to increase or decrease the number of parties to the contract, and in fact, it is to change the subject of the contract, which must be agreed by the original parties.

As the legal symbol of housing in China, the real estate license is the best proof that the house belongs to our personal property. As a relatively large property in our family, we are particularly cautious about property rights and name addition.

Below, I will give you a detailed explanation of the use of adding names to real estate licenses, and give you detailed answers on such properties.

First, is it useful to add a name to the real estate license after marriage?

According to the law, the ownership of any property can be enjoyed by more than one person. As long as the parties are willing, the owner of the house can also be shared by several people. Therefore, the parties can add their names to the real estate license after marriage.

If you buy a house when you get married, you can add your spouse's name directly during the marriage. If the property belongs to both husband and wife during the marriage, even if only one person's name is written on the real estate license, it is considered as the same property of both of them.

Second, the process of adding the name of the real estate license

There are corresponding expenses for adding the name to the real estate license, mainly deed tax, production cost and so on.

1. Add the couple's name to the house property certificate without loan.

① Bring three certificates (marriage certificate, ID card and real estate license) and a copy;

(2) Go to the property right change window in the house transaction;

③ The cost of adding a name to the real estate license is about 150 yuan.

2. There is a loan real estate license with a name on it.

(1) go to the bank to change the mortgage procedures;

② Expenses required for handling: Except handling fee 1 10 yuan. If the loan is provident fund, it needs to be increased by 100 yuan; If it is a portfolio loan (commercial provident fund loan), 200 yuan handling fee will be added.

③ Other steps are the same as the previous loan-free process.

Third, matters needing attention

1. During the period of commercial housing sales contract and bank mortgage filing, if it is necessary to add or subtract names, the parties to the contract must obtain the consent of the original parties.

The house owner and the house owner must be present.

2. If the real estate license is increased after marriage, the deed tax will not be increased. So after marriage, you can add a name to the expenses other than the deed tax.

Regardless of whether the procedures for adding the name of the real estate license are cumbersome or not, everyone should apply for the real estate license and other related documents after buying a house, solve the property ownership problem in time, and avoid unnecessary disputes in the future.

In our country, the principle of' related transaction' is that as the premarital property of both parties, adding a name proves that both parties hold it together. If the property after marriage is treated as the joint property of both parties, regardless of whether the name is added,

I hope everyone will be careful when handling relevant documents.

Is it useful to add a name to the real estate license? 1. What is the real estate license?

Property ownership certificate (Property Ownership Certificate) A certificate that a property buyer obtains the legal ownership of the house through transactions and can exercise the right of possession, use, income and disposal of the purchased house according to law. That is, the "house ownership certificate",

It is a legal document for the state to protect the ownership of houses according to law. Proof that the owner manages and uses his own house. Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, real estate license is the abbreviation of house ownership certificate.

It is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights.

20 1 1 In late August, the tax authorities said that if the property was added, the deed tax would be levied at half of the house price. 20 13 In April, Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false housing transactions and ensure the safety of housing transactions,

In the future, Beijing property buyers will be able to set passwords for free. If the house needs to handle the registration business such as transfer, change and mortgage, it must provide a password to handle it. It is expected to be implemented in the second half of 20 13.

Second, is it useful to add a name to the real estate license?

In the eyes of most property buyers, if their names are added to the property certificate, then the house is definitely mine, but it is not. According to relevant regulations, the higher effectiveness of property ownership comes from property registration.

As the real right of real estate, the establishment, alteration, transfer and elimination of houses need to be registered according to law before they can take effect; Without registration, it has no legal effect.

If the records of the real estate license and the real estate register are inconsistent, the real estate register shall prevail unless there is evidence to prove that there is an error in the real estate register. So don't even think about writing names before and after marriage.

It doesn't matter if your name is not on the real estate license, but your name must be on the real estate register.

Three, the real estate certificate lost materials required for registration:

Application form for local real estate change and other registration

Identification certificate of the applicant

A full-page newspaper, declared lost.

Archives retrieval materials should be stamped with the special seal for archives retrieval.

Statement of loss of real estate license

Is it useful to add a name to the real estate license? The answer is yes. There are four situations:

1. If the house has been purchased by the man before marriage, and the woman's name is generally recognized as a gift in judicial practice, and the change registration has been handled, the gift is irrevocable.

If only a gift contract is signed, and the woman's name is not added to the real estate license, and it is not notarized, the gift can be revoked;

2. If you buy a house after marriage and use the savings of the husband and wife, it must belong to the common property of the husband and wife. It doesn't matter whose name you write;

3. If the house purchased by one parent for the child after marriage is only registered in the name of the investor's child, it is regarded as a gift to the child, and it is very important to add the name at this time;

4. If it is a house purchased by both parents for their children after marriage, it is only registered in the name of one child. Houses are generally recognized as shared by both parties according to the capital contribution of their respective parents. At this time, if you add a name, it is usually 50-50.

If no name is added, the amount of capital contribution shall prevail;

As can be seen from the above four situations, it is very useful to add a name to the real estate license.

If a man is afraid to add your name to the real estate license, does he really love you? Well, before it's too late, Judge Bobo will show you the specific legal provisions.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)

Twenty-second before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a personal gift to their children, unless the parents explicitly indicate that it is a gift to both parties.

After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be considered as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.

Note: The second paragraph of this article has been refined, and the third judicial interpretation of marriage law has been refined. What is a clear indication to one party? Generally speaking, in life, even if parents want to give it to one party, they will not make it clear. So how can it be reflected?

Whose name is written on the real estate license is a good embodiment.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III)

Article 6 Before marriage or during the marriage relationship, the parties agreed to give the property owned by one party to the other party, and the donor revoked the gift before the registration of the change of the donated property, and the other party requested the order to continue the performance.

The people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.

Note: Article 186 of the Contract Law is about the gift contract.

Article 7 If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their own children according to Article 18 (3) of the Marriage Law.

Real estate should be recognized as the personal property of one spouse.

If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

Contract law of the people's Republic of China

Article 186 The donor may revoke the gift before the right to donate the property is transferred. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.

Note: Real estate, such as houses, is generally regarded as a transfer of rights after going through the formalities of change registration. Therefore, if a gift contract is signed without a name on the real estate license or notarial certificate, the gift can be revoked.